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<br /> Property Owner's failure to maintain the treatment measure(s).
<br /> SECTION 10: INDEMNIFICATION
<br /> The Property Owner shall indemnify, hold harmless and defend the City and its authorized
<br /> agents, officers, officials and employees from and against any and all claims, demands, suits,
<br /> damages, liabilities,losses,accidents,casualties, occurrences,claims and payments, including attorney
<br /> fees claimed or which might arise or be asserted against the City that are alleged or proven to result or
<br /> arise from the construction, presence, existence or maintenance of the treatment measure(s) by the
<br /> Property Owner or the City. In the event a claim is asserted against the City, its authorized agents,
<br /> officers, officials or employees,the City shall promptly notify the Property Owner and the Property
<br /> Owner shall defend at its own expense any suit based on such claim. If any judgment or claims
<br /> against the City, its authorized agents, officers, officials or employees shall be allowed,the Property
<br /> Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any
<br /> claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and
<br /> payments, including attorney fees claimed which arise due solely to the negligence or willful
<br /> misconduct of the City.
<br /> SECTION 11: NO ADDITIONAL LIABILITY
<br /> It is the intent of this agreement to insure the proper maintenance of the treatment
<br /> measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to
<br /> create or effect any additional liability not otherwise provided by law of any party for damage
<br /> alleged to result from or caused by storm water runoff.
<br /> SECTION 12: PERFORMANCE FINANCIAL ASSURANCE
<br /> The City may request the Property Owner to provide a performance bond, security or other
<br /> appropriate financial assurance providing for the maintenance of the stormwater treatment
<br /> measure(s)pursuant to the City's ordinances,guidelines,criteria or written direction.
<br /> SECTION 13: TRANSFER OF PROPERTY
<br /> This Agreement shall run with the title to the land. The Property Owner further agrees
<br /> whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this
<br /> Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of
<br /> the Property.
<br /> SECTION 14: SEVERABILITY
<br /> The provisions of this Agreement shall be severable and if any phrase, clause, section,
<br /> subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional
<br /> by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid,
<br /> this shall not affect or invalidate the remainder of any phrase, clause, section, subsection,
<br /> paragraph, subdivision, sentence or provision of this Agreement.
<br /> SECTION 15: RECORDATION
<br /> This Agreement shall be recorded by the Property Owner, or by the City by mutual
<br /> agreement,within 15 days after the execution date of this Agreement as stated above among the deed
<br /> records of the County Recorder's Office of the County of Alameda,California at the Property Owner's
<br /> expense.
<br /> G:\ LD\Address\D\Doolittle Dr 14701GRA2014-00009\O&M Agreement for treat meas.doc 4
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